[106th Congress Public Law 447]
[From the U.S. Government Printing Office]
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[DOCID: f:publ447.106]
[[Page 1933]]
INDIAN TRIBAL REGULATORY REFORM AND BUSINESS DEVELOPMENT ACT OF 2000
[[Page 114 STAT. 1934]]
Public Law 106-447
106th Congress
An Act
To provide for regulatory reform in order to encourage investment,
business, and economic development with respect to activities conducted
on Indian lands. <<NOTE: Nov. 6, 2000 - [S. 614]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Indian Tribal Regulatory
Reform and Business Development Act of 2000.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 25 USC 4301 note.>>
This Act may be cited as the ``Indian Tribal Regulatory Reform and
Business Development Act of 2000''.
SEC. 2. FINDINGS; PURPOSES. <<NOTE: 25 USC 4301 note.>>
(a) Findings.--Congress finds that--
(1) despite the availability of abundant natural resources
on Indian lands and a rich cultural legacy that accords great
value to self-determination, self-reliance, and independence,
Native Americans suffer rates of unemployment, poverty, poor
health, substandard housing, and associated social ills which
are greater than the rates for any other group in the United
States;
(2) the capacity of Indian tribes to build strong Indian
tribal governments and vigorous economies is hindered by the
inability of Indian tribes to engage communities that surround
Indian lands and outside investors in economic activities
conducted on Indian lands;
(3) beginning in 1970, with the issuance by the Nixon
Administration of a special message to Congress on Indian
Affairs, each President has reaffirmed the special government-
to-government relationship between Indian tribes and the United
States; and
(4) the United States has an obligation to assist Indian
tribes with the creation of appropriate economic and political
conditions with respect to Indian lands to--
(A) encourage investment from outside sources that
do not originate with the Indian tribes; and
(B) facilitate economic development on Indian lands.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide for a comprehensive review of the laws
(including regulations) that affect investment and business
decisions concerning activities conducted on Indian lands.
(2) To determine the extent to which those laws
unnecessarily or inappropriately impair--
(A) investment and business development on Indian
lands; or
(B) the financial stability and management
efficiency of Indian tribal governments.
[[Page 114 STAT. 1935]]
(3) To establish an authority to conduct the review under
paragraph (1) and report findings and recommendations that
result from the review to Congress and the President.
SEC. 3. DEFINITIONS. <<NOTE: 25 USC 4301 note.>>
In this Act:
(1) Authority.--The term ``Authority'' means the Regulatory
Reform and Business Development on Indian Lands Authority.
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(3) Indian.--The term ``Indian'' has the meaning given that
term in section 4(d) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(d)).
(4) Indian lands.--
(A) In general.--The term ``Indian lands'' includes
lands under the definition of--
(i) the term ``Indian country'' under section
1151 of title 18, United States Code; or
(ii) the term ``reservation'' under--
(I) section 3(d) of the Indian
Financing Act of 1974 (25 U.S.C.
1452(d)); or
(II) section 4(10) of the Indian
Child Welfare Act of 1978 (25 U.S.C.
1903(10)).
(B) Former indian reservations in oklahoma.--For
purposes of applying section 3(d) of the Indian
Financing Act of 1974 (25 U.S.C. 1452(d)) under
subparagraph (A)(ii), the term ``former Indian
reservations in Oklahoma'' shall be construed to include
lands that are--
(i) within the jurisdictional areas of an
Oklahoma Indian tribe (as determined by the
Secretary of the Interior); and
(ii) recognized by the Secretary of the
Interior as eligible for trust land status under
part 151 of title 25, Code of Federal Regulations
(as in effect on the date of enactment of this
Act).
(5) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 4. ESTABLISHMENT OF AUTHORITY. <<NOTE: 25 USC 4301 note.>>
(a) Establishment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 60 days
after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of the Interior and other
officials whom the Secretary determines to be appropriate, shall
establish an authority to be known as the Regulatory Reform and
Business Development on Indian Lands Authority.
(2) Purpose.--The Secretary shall establish the Authority
under this subsection in order to facilitate the identification
and subsequent removal of obstacles to investment, business
[[Page 114 STAT. 1936]]
development, and the creation of wealth with respect to the
economies of Native American communities.
(b) Membership.--
(1) In general.--The Authority established under this
section shall be composed of 21 members.
(2) Representatives of indian tribes.--12 members of the
Authority shall be representatives of the Indian tribes from the
areas of the Bureau of Indian Affairs. Each such area shall be
represented by such a representative.
(3) Representatives of the private sector.--No fewer than 4
members of the Authority shall be representatives of
nongovernmental economic activities carried out by private
enterprises in the private sector.
(c) <<NOTE: Deadline.>> Initial Meeting.--Not later than 90 days
after the date of enactment of this Act, the Authority shall hold its
initial meeting.
(d) Review.--Beginning on the date of the initial meeting under
subsection (c), the Authority shall conduct a review of laws (including
regulations) relating to investment, business, and economic development
that affect investment and business decisions concerning activities
conducted on Indian lands.
(e) Meetings.--The Authority shall meet at the call of the
chairperson.
(f) Quorum.--A majority of the members of the Authority shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The Authority shall select a chairperson from
among its members.
SEC. 5. REPORT. <<NOTE: Deadline. 23 USC 4301 note.>>
Not later than 1 year after the date of enactment of this Act, the
Authority shall prepare and submit to the Committee on Indian Affairs of
the Senate, the Committee on Resources of the House of Representatives,
and to the governing body of each Indian tribe a report that includes--
(1) the findings of the Authority concerning the review
conducted under section 4(d); and
(2) such recommendations concerning the proposed revisions
to the laws that were subject to review as the Authority
determines to be appropriate.
SEC. 6. POWERS OF THE AUTHORITY. <<NOTE: 25 USC 4301 note.>>
(a) Hearings.--The Authority may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence as
the Authority considers advisable to carry out the duties of the
Authority.
(b) Information From Federal Agencies.--The Authority may secure
directly from any Federal department or agency such information as the
Authority considers necessary to carry out the duties of the Authority.
(c) Postal Services.--The Authority may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Authority may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. AUTHORITY PERSONNEL MATTERS. <<NOTE: 25 USC 4301 note.>>
(a) Compensation of Members.--
[[Page 114 STAT. 1937]]
(1) Non-federal members.--Members of the Authority who are
not officers or employees of the Federal Government shall serve
without compensation, except for travel expenses as provided
under subsection (b).
(2) Officers and employees of the federal government.--
Members of the Authority who are officers or employees of the
United States shall serve without compensation in addition to
that received for their services as officers or employees of the
United States.
(b) Travel Expenses.--The members of the Authority shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Authority.
(c) Staff.--
(1) In general.--The chairperson of the Authority may,
without regard to the civil service laws, appoint and terminate
such personnel as may be necessary to enable the Authority to
perform its duties.
(2) Procurement of temporary and intermittent services.--The
chairperson of the Authority may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed
under GS-13 of the General Schedule established under section
5332 of title 5, United States Code.
SEC. 8. TERMINATION OF THE AUTHORITY. <<NOTE: 25 USC 4301 note.>>
The Authority shall terminate 90 days after the date on which the
Authority has submitted a copy of the report prepared under section 5 to
the committees of Congress specified in section 5 and to the governing
body of each Indian tribe.
SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT. <<NOTE: 25 USC
4301 note.>>
The activities of the Authority conducted under this Act shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
[[Page 114 STAT. 1938]]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 25 USC 4301 note.>>
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
Approved November 6, 2000.
LEGISLATIVE HISTORY--S. 614:
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SENATE REPORTS: No. 106-151 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Sept. 15, considered and passed
Senate.
Vol. 146 (2000):
Oct. 23, considered and passed
House.
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